Laughlin, Falbo, Levy & Moresi LLP

“You’re really here for a panel dispute?” – WCJ

When Labor Code Sections 4060, 4061, 4062, 4062.1 and 4062.2 were enacted, the panel Qualified Medical Evaluator (QME) process was supposed to be simpler and less costly. As is often true, the legislation did not necessarily…more

Appeals, Dispute Resolution, Employer Liability Issues, Labor Code, Medical Evaluation Reports

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COVID-19 in the Workplace: Current Trends and Legislation

The COVID-19 pandemic remains a significant challenge in California. As of December 2021, California experienced the fastest increase in COVID-19 cases during the entire pandemic with 18.3 new cases per 100,000 people per day,…more

Cal-OSHA, California, Coronavirus/COVID-19, Masks, OSHA

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California Office of Administrative Law Approves Cal/OSHA COVID-19 Emergency Temporary Regulations

On 11/30/2020, the Office of Administrative Law (OAL) approved Cal/OSHA’s proposed temporary emergency regulations regarding COVID-19 prevention and outbreaks.   These regulations are effective immediately and are located in the…more

Cal-OSHA, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Infectious Diseases

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New Workers Compensation Regulations and Guidelines: What’s it Worth?

There have been significant changes in workers’ compensation regulations and guidelines recently that have arguably increased the value of claims. In April 2021, The California Department of Industrial Relations, Division of…more

Centers for Medicare & Medicaid Services (CMS), Compensation & Benefits, Medicare, New Regulations

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Board Panel Makes it Clear that the 60 Day Time Limit to Act on a Petition for Reconsideration is Tolled when an Error Occurs at the Board Level

The Workers’ Compensation Appeals Board has designated its March 27, 2024, opinion in Sandra Ja’Chim Scheuing v. Livermore National Laboratory, permissibly self-insured, administered by Gallagher Bassett, as a significant panel…more

Appeals, Labor Code, Workers’ Compensation, Workers’ Compensation Appeals Board (WCAB)

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New Timeline to set QME Evaluations: Amendment to Regulations for Medical Legal Evaluations

On February 2, 2023 the Division of Workers Compensation filed with the Secretary of State changes to Regulations related to scheduling, remote health (previously known as telehealth), and requesting replacement Panel QMEs. …more

Proposed Amendments, Telehealth, Workers' Compensation Claim, Workplace Injury

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The Covid-19 Presumptions: Are They Truly Gone?

For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency…more

California, Causation, Compensation, Coronavirus/COVID-19, Essential Workers

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Impact of SB 1127

On September 29, 2022, updates to the Labor Code went into effect when Governor Newsom signed SB 1127 into law. Two of these updates significantly expanded benefits for safety officers, one update imposed a potentially hefty…more

Data Collection, Labor Code, Medical History, Penalties, Temporary Disability Insurance

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LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey

In this insightful episode, join us as Jocelyn Hutch, Attorney, San Francisco, unveils the intricacies of her journey into the dynamic realm of workers' compensation defense. She delves into the nitty-gritty of what it truly…more

Employer Liability Issues, Employment Policies, State Labor Laws, Workers' Compensation Claim, Workplace Injury

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Mitigating Civil Liability for California COVID-19 Work Exposures

As we enter the tenth month of this pandemic, it is becoming increasingly clear that life must, and will, return to some degree of post-pandemic ‘normalcy’ in order to ensure our economic survival. …more

Civil Liability, Coronavirus/COVID-19, Employer Liability Issues, Exclusive Remedy, Infectious Diseases

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Time for the WCAB to Act on Petitions for Reconsideration

Do you have any cases that have been pending on Reconsideration and remain unresolved for what you believe to be an unreasonable period of time? If so, you should be aware that ongoing delays issuing decisions at the WCAB…more

Labor Code, Motion for Reconsideration, Workers Compensation Awards, Workers' Compensation Claim, Workers’ Compensation Appeals Board (WCAB)

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Steps to Prevent and Combat a Poorly Written Medical-Legal Report

The WCAB must ground its decisions in substantial evidence. We practitioners must review medical-legal reports and any doctor’s depositions to ensure the medical record, when read as a whole, constitutes substantial evidence. If…more

Depositions, En Banc Review, Evidence, Health Care Providers, Labor Code

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WCAB Issues En Banc Decision Providing New Guidelines on Combination of Impairments Via Kite

The WCAB has issued a rare en banc decision providing guidance on the applicant’s burden of proof in rebutting the use of the “Combined Values Chart” (CVC) when combining impairments pursuant to the Kite decision. The WCAB found…more

Disability, En Banc Review, Labor Code, New Guidance, Workers’ Compensation Appeals Board (WCAB)

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LFLM LAW with L.A.W - Discovery for Covid-19 Claims

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Kate Lozano, the Managing…more

Coronavirus/COVID-19, Discovery, Workers' Compensation Claim

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Advocacy Letters: Strategies For Eliciting A “Winning” Report

A carefully crafted advocacy letter will make an impactful first impression. Often, an advocacy letter is one of the first communications between an attorney or adjuster and the medical expert. Many advocacy letters submitted…more

Depositions, Diagnostic Tests, Medical Experts, Mental Health, Workers’ Compensation Appeals Board (WCAB)

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2023 CAAA Conferences: What Are Applicant’s Attorneys Saying?

Twice a year, the California Applicants’ Attorneys Association has a conference to discuss everything from changes in Workers’ Compensation Law, to developing new strategies to increase recoveries for their clients. The 2023…more

Compensation, Labor Code, Physicians, Workers’ Compensation Appeals Board (WCAB)

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Subpoena Compliance 101: LFLM’s Subpoena Response Protocols and Guidance

There continues to be a steady increase in subpoenas seeking claims files and human resources or personnel files from applicant’s counsel. Receiving and responding to subpoenas can be burdensome and costly, especially for…more

Compliance, Confidential Information, Depositions, Human Resources Professionals, Motions to Quash

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Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household…more

Appeals, CA Supreme Court, Coronavirus/COVID-19, Corporate Counsel, Damages

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LFLM LAW with L.A.W. - Poking Holes and Looking for Inconsistencies in Workers' Compensation

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Michael Neale, Associate…more

Workers' Compensation Claim

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Cal/OSHA Adopts New COVID-19 Workplace Standards

In what seems to be an endless bombardment of new information and policy in response to the COVID-19 crisis, Governor Newsom signed EXECUTIVE ORDER N-09-21 on June 17, 2021. The Governor accepted the recommendations of the…more

Anti-Retaliation Provisions, Cal-OSHA, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Executive Orders

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The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’…more

California, Duty to Investigate, Good Faith, Labor Code, Penalties

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LFLM LAW with L.A.W - Working from Home

Welcome to LFLM LAW with L.A.W. - the podcast that dives deep into the intricacies of workers' compensation cases. Our host is Lindsay Wagenman, a Partner in our San Francisco office. In this episode, Michelle Sebring, a…more

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Applied Materials v. WCAB – Physician Misconduct Compensable and Fitzpatrick Affirmed

The Sixth District Court of Appeal recently issued its decision in the matter of Applied Materials v. WCAB. The decision was initially issued as unpublished and the California Workers’ Compensation Institute obtained an order…more

American Medical Association, Appeals, Bodily Injury, Compensation, Labor Code

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COVID-19 IN THE WORKPLACE: Updates on Legislation

As COVID-19 continues to linger in California, it remains an ongoing concern for state lawmakers. In response to this ongoing threat, California continues to provide updated regulations as it pertains to COVID in the workplace…more

Cal-OSHA, CDPH, Coronavirus/COVID-19, Employee Training, Masks

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The Rise of Rebutting the PDRS and Derailing the Path to a 100% Award

The 2021 Summer CAAA Convention took place virtually, and while we always anticipate permanent disability will be a hot topic, this year’s Convention “zoomed” straight to strategies on achieving higher permanent disability…more

Admissibility, Coronavirus/COVID-19, Income Apportionment, Labor Code, Permanent Disability

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The Covid Vaccines: A Panacea for the Pandemic

As we continue to struggle through the COVID-19 pandemic, there may be light at the end of the tunnel, as California continues with its plan for distribution and administration of approved COVID-19 vaccines. As with all…more

California, Compensation, Coronavirus/COVID-19, Employer Liability Issues, Labor Code

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LFLM LAW with L.A.W - EPISODE 20 - Legal beginnings - A New Attorney’s Journey

In this insightful episode, join us as Jocelyn Hutch, Attorney, San Francisco, unveils the intricacies of her journey into the dynamic realm of workers' compensation defense. She delves into the nitty-gritty of what it truly…more

Employer Liability Issues, Employment Policies, State Labor Laws, Workers' Compensation Claim, Workplace Injury

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Notice and Reporting Requirements for Employers Under AB 685

After 12 months of executive orders and emergency regulations aimed at tackling the challenges created by COVID-19 in the workplace, it is clear the California Legislature has prioritized safety and reporting in order to help…more

Cal-OSHA, Citations, Coronavirus/COVID-19, Infectious Diseases, Labor Code

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Senate Bill 213: Expanding Presumptive Injuries For Health Care Workers

Senate Bill 213 is still working its way through the California Legislature and, as such, is not yet in effect. Because health care workers have significantly increased exposure or susceptibility to particular work-related…more

California, Compensation & Benefits, Coronavirus/COVID-19, Governor Newsom, Healthcare Workers

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